Staunton vindicator. [volume] (Staunton, Va.) 1860-1896, 1887-09-30
Death of a Well Known Citizen.

MI. JOuu JtSS6I, d we'll kuOWu CltlZou VI
Stanton. died on Saturday night last at
8 O'Clock, after long illness. He was
born in the village of Ilsfeld, Wurtem-
burg. Germany, Dec. 18th, 1888. In 1858
he came to America and the following
year was married in Philadelphia. He was
baker by trade and came to Stanton in
1868 to follow it. He was steadily sue
cessful in his calling and later, In addition
to his bakery, opened handsome ice
cream saloon which became the headquar-
tiers for the patronage of the pupils of the
female colleges, and for that reason "Jes
ser's'' is as widely known name among
the female sex in Virginia and the South
ern States,a AS the name of ''Jaccheri" used
to be In other days to the graduates of the
University of Virginia. By close atten-
tion to his business, in which he was as
sisted by his estimable wife who died
only year ago, he accumulated COM
Portable fortune. He was man of kind
ly heart and undoubted integrity, and it
may be said of him that he left commu-
nifty in which every man and woman that
knew him was his friend. He served q
term in the City Council from '84 to '86,
and made quiet and useful member. He
leaves two daughters-Mrs. G. W. Alex
ander of Waynesboro, and Miss Mollie
lesser, and two sons, one of whom is old
enough to take charge of his fathers bus
mess
Soma days before his death Mr.. lesser
put in order all his business affairs and
left directions about his funeral, even to
the naming of the following gentlemen to
act as pail bearers-Messrs. w. 7. Tams.
A. A. Grubert, A. F. Kinney, w. A.
Burke. A. M. Simpson, George M. Coch-
ran, F. w. Hsger and DR.. n. Wayt.
The funeral took place from the late
residence on Frederick street Tuesday
morning at 10 O'Clock, and was attended
by the City Council, Staunton Lodge No.
10, A. F. M, and Stanton Lodge No.
Ash o. o. F. The pail bearers appointed
by the civic orders to which the deceased
belonged were-Jos. E. Rollins and J. w.
Newton of the Knights of Honor; j. A.
Cochran and W. L. Lushbaugh of the Ma
sons, and w. E. Craig and G. A. Gladke
of the Odd Fellows. The services were
conducted by Rev, s. 7. Riser of the Cen
trail Lutheran church, of which denomi-
nation Mr.. lesser was communicate.
aud Rev. Dr.. Halves. The procession to
the cemetery which was long one, was
headed by the StoneWall Brigade Band.
An Important Homestead Decision by
the Court OF App calls.
On Thursday Of last week in the cause
of KenneriY Us. SwartZ, a very important
decision Of a point not heretofore decided,
was made by the Court of Appeals. Pres
iding Justice Lewis delivering the opinion
of the court. which was unanimous. The
following extract shows it's Importance:
This was in suit IN the Circuit Court
of Clark county, to subject the real estate
OF the defendant, j. F. Kennerly, The APP
pellant here, to the satisfaction of judg-
ment liens thereon. The bond upon which
the appellees' judgment was obtained, was
executed in February, 1870. The judgment
Itself was obtained in September, 1871,
and constitutes a lien on the real estate of
the appellant, which is an undivided one
fifth Interest in a certain tract of land,
situate in said county. At the time the
Judgment Was obtained, The appellant was
not married, nor was he householder or
the head of a family as that term has
been construed by this courG.-Calhoun
VS.. Williams. 80 Graft, IS. Several years
thereafter he married, and III 1879, after
his marriage, he made and caused to be
recorded a deed, whereby he set apart, as
his homestead exemption, his interest in
the said tract of land. And the principal
question is, whether or not his claim to
homestead exemption in the land is para
mount to the lien Of the appellees' judg-
ment. The Circuit Court held that it is
not, and, we think, correctly.
The lien had become fastened On the
land before The appellant acquired the
right to the benefit OF the homestead law
at all. 1t was vested right and could
not be suspended or impaired by the sub
sequent status of the appellant as house.
holder and his consequent rights as such.
1t WAS security within the meaning of
The constitution, which provides that the
claims of homestead shall not be good as
against any mortgage, deed OF trust,
pledge, or other security, on the property
on Which the claim is asserted. And,
therefore, it is paramount to the appel.
lant's claim, although he has the privilege
OF holding the land free of the lien upon
paying or discharging lt.-Code 1878, Oh.
1888, sec. 5.
1t is very clear that if the appellant
we've now dead, his widow would not be
entitled to dover il the land, except in
subordination to the lien of the judgment,
and the claim Of homestead stands upon
no better footing. on Home
steads, sec 81, and Cases cited.